Supreme Court Weekly Round-Up
When Two Consenting Adults Decide To Marry No One Can Interfere
Hearing the writ petition by NGO Shakti Vahini regarding the offence of honour killings, the Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar reaffirmed, “Where two consenting adults agree to enter into matrimony, no individual rights, group rights or collective rights shall interfere therein or harass the couple”.
Motor Accident Claim: If The Transfer Of Vehicle Is Not Registered With Authority Original Owner Is Liable
The Supreme Court, in Naveen Kumar v Vijay Kumar, held that the expression ‘owner’ for the purpose of Motor Vehicles Act is the person in whose name the motor vehicle stands registered.
A Humane Attitude Required When Dealing With Custody/Bail Of Accused
Emphasising on the necessity of ‘introspection’, while denying bail to an accused, the Supreme Court granted bail to an accused observing that if the investigating officer does not find it necessary to arrest an accused during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed.
Sham Transactions Illegal Even If There Is Little Effect On Stock Market
The Supreme Court set aside an order of the Securities Appellate Tribunal (SAT) which held that only if there is market impact on account of sham transactions, could there be violation of the Prohibition of Fraudulent and Unfair Trade Practices Regulations.
Post-Sale Discounts Can Be Deducted From Taxable Turnover
By allowing the appeal filed by Preethi Kitchen Appliances Ltd, the Supreme Court held that discount allowed by the seller subsequent to original sale can be deducted from taxable turnover for reckoning Value Added Tax liability. The decision was rendered by a three judges’ bench presided by Chief Justice Dipak Misra.
Can’t Allow Continuous Blackmailing Of Victim: Sc Asks Accused In Jindal Gang Rape To Give iCloud Password To Victim
The Supreme Court Bench of Justice SA Bobde and Justice LN Rao on Wednesday asked the OP Jindal Global University gang rape accused to share their iCloud account password with the victim. “We are not concerned about the guilty. We are concerned about the present situation. There are pictures of the girl with one of you. It is difficult for us to accept and tolerate continuous blackmail,” Justice Bobde to the counsel appearing for accused Hardik Sikri, Karan Chhabra and Vikas Garg.
Initiate Suo Motu Proceedings For Implementation Of JJ Act,Establish Child Friendly And Vulnerable Witness Courts: SC To High Courts
The Supreme Court, on Friday, requested Chief Justices of all High Courts to “seriously consider” establishing child friendly courts and vulnerable witness courts in each district. The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta observed, “Inquiries under the JJ Act and trials under other statutes such as the Protection of Children from Sexual Offences Act, 2012, the Prohibition of Child Marriage Act, 2006, trials for sexual offences under the Indian Penal Code and other similar laws require to be conducted with a high degree of sensitivity, care and empathy for the victim. It is often said that the experience in our courts of a juvenile accused of an offence or the victim of a sexual offence is traumatic.
There Is No Lapse Of Acquisition Due To The Non-deposit Of Amount In Court – Pune Municipal Corporation Case
A three judge bench of Justice Arun Mishra, AK Goel and Mohan Shantanagoudar answered some important questions vis-à-vis old and new land acquisition Acts. Due to the failure of deposit in court, the only consequence at the most in appropriate cases may be of a higher rate of interest on compensation as envisaged under section 34 of the Act of 1894 and not lapse of acquisition, the Bench observed.
SC Quashes All Iron Ore Mining Leases In Goa; Operations To Stop By 15 March
The Supreme Court, on Wednesday, cancelled all iron ore mining leases in the State of Goa. The leases, which were renewed for the second time, would now lapse on 15 March. The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta opined that the second renewal of the mining leases granted by the State were “ unduly hasty, without taking all relevant material into consideration and ignoring available relevant material and therefore not in the interests of mineral development”.
Bombay HC Judgment Asking State Of Maharashtra To Reconsider Appointments To Shirdi Saibaba Trust Stayed
The Supreme Court of India stayed a judgment of the Bombay High Court, wherein State of Maharashtra was directed to reconsider appointments to the managing committee Saibaba Sansthan Trust, Shirdi.
Appeal Against Execution Of Foreign Arbitration Award Not Maintainable Under Commercial Courts Act, Holds SC
The Supreme Court held that appeal provided under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act 2015 cannot be invoked to challenge order allowing execution of foreign award.
SC Issues Interim Directions On Appointments In Tribunals; Orders Forming Search-Cum-Selection Panel On Judicial/Admin Members
The Supreme Court, in an important order, accepted suggestions made by the Central Administrative Tribunal Bar Association with regard to appointments of chairpersons and judicial/administrative/technical/expert members for all tribunals. As per the interim order, during the pendency, an interim search-cum-selection committee will be constituted in respect of both judicial/administrative members.
Contempt Notice Issued Against BJP MLA & Councillor For Obstructing Sealing
Directing the Delhi Police to take action against violators without fear and being influenced in any manner even if the culprit is a big fish, the Supreme Court bench headed by Justice Madan B Lokur issued contempt notices to Delhi BJP MLA O P Sharma and the party’s municipal councilor Gunjan Gupta for obstructing sealing of unauthorized commercial units in North East Delhi’s Shahdara.
Notice To BCCI On Sreesanth’s Plea To Lift Life Ban
The Supreme Court on Monday issued notice to BCCI on a special leave petition filed by cricketer S Sreesanth against the judgment of a division bench of Kerala High Court that restored the life ban imposed on him by the Board in the wake of the 2013 IPL spot fixing scandal.
HP Chief Secy Summoned To Explain Why Standing Counsel For State Isn’t Appearing In Criminal Appeals
The Supreme Court summoned the Chief Secretary of the State of Himachal Pradesh to appear before it to explain the reasons for not engaging any counsel in some criminal appeals. The bench was hearing the appeals filed by Rangeel Singh, Manoj Kumar and Surinder Singh whose conviction and sentence was upheld by Himachal Pradesh High Court in a murder case. They were sentence to life imprisonment.
Notice To Centre, States In PIL Which Said Acid Attacks On Rise As Orders Not Being Complied With
The Supreme Court on Friday issued notice to the Centre and states on a public interest litigation which alleged that its orders issued in 2013 and 2015 pertaining to curbing acid attacks and timely grant of relief and compensation were not being followed
SC Grants J&K Govt 4 Weeks Time To Take Final Stand On Constituting Minority Commission
The Supreme Court on Friday granted four weeks time to Jammu and Kashmir government to take a final stand on constituting a state minority commission. This was after Attorney General K K Venugopal who appeared for Centre submitted before a bench headed by Chief Justice Dipak Misra that the state had shown disinterest in the joint meeting of Centre and state officials to discuss the issue, as directed by the court.